Housing stock disposal consent factors HA 1988 s. 132
HA 1988 s. 132 specifies matters for Secretary of State consent when local authorities dispose of housing stock, effective from 9th June 1988.
At the end of subsection (4) of section 34 of the Housing Act 1985 (consent to disposals of land held for the purposes of Part II—provision of housing accommodation) and at the end of subsection (4) of section 43 of that Act (consent for certain disposals of other houses) there shall be inserted the subsections set out in subsection (2) below. The subsections referred to in subsection (1) above and subsection (3) below are as follows— The matters to which the Secretary of State may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include— the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “ the intending purchaser ”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local authority making the disposal or any members or officers of that authority; the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences; the terms of the proposed disposal; and any other matters whatsoever which he considers relevant. Where the Secretary of State gives consent to a disposal by a local authority, he may give directions as to the purpose for which any capital money received by the authority in respect of the disposal is to be applied and, where any such directions are given, nothing in any enactment shall require his consent to be given for the application of the capital money concerned in accordance with the directions. Section 13 of the Housing (Scotland) Act 1987 (power of Secretary of State to impose conditions in sale of local authority houses) shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted as subsections (2) and (3) the subsections which are set out in subsection (2) above and there numbered (4A) and (4B). 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 208 of the Housing (Scotland) Act 1987 (application of receipts from disposal of certain land), in subsection (2) there shall be inserted at the end the words “or has made directions under section 13(3)”. In section 26 of the Local Government Act 1988 (provisions as to consents under section 25 for provision of financial assistance etc.), in subsection (5) (which excludes consent under various enactments where consent is given to a disposal of land under section 25) after the words “such a consent” there shall be inserted “then, if the consent given for the purposes of section 25 above so provides”. This section shall be deemed to have come into force on 9th June 1988.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section sets criteria for the Secretary of State when approving a local authority disposal of housing stock or land. It inserts requirements into section 34 and section 43 of the Housing Act 1985, as well as Scottish housing legislation and section 26 of the Local Government Act 1988.
When deciding on consent or attaching conditions, the Secretary of State considers whether the buyer is controlled by or subject to influence from the council or its members. Consideration is also given to whether the buyer would become the main landlord in the area, the financial terms, and any other relevant matters.
The provision also allows directions on how capital money from disposals must be spent, removing separate consent requirements if directions are followed. This provision came into force on 9th June 1988.
When it applies
- A council proposes selling public housing to an independent company influenced by local councillors.
- A local authority plans to transfer social housing to a single private buyer who would control most rented homes in the neighbourhood.
- The Secretary of State specifies how capital receipts from a local authority housing sale must be applied by the council.
What this section does not say
- A private landlord selling a home to another private owner without council involvement.
- A council tenant exercising the right to buy their home directly from the local authority.
- A dispute between private tenants and landlords regarding rent increases under section 13.
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This page reproduces the text of HA 1988 s. 132 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.